Consumer and Business Services Small Venue Licence Fact Sheet Chesser House, 91-97 Grenfell Street Adelaide SA 5000 GPO Box 2169 Adelaide SA 5001 t 131 882 f 08 8226 8512 e [email protected] w www.cbs.sa.gov.au A small venue licence is now available in South Australia to support small businesses. Sale of liquor A small venue licence authorises the sale or supply of liquor for on-premises consumption, but it is not a requirement to serve meals. If meals are provided, unconsumed portions of bottled wine will be able to be taken from the premises. Sale of liquor for off-premises consumption is not authorised. Licence conditions A small venue licence is subject to the following conditions— • maximum capacity of 120 persons (including internal and external areas). • certain types of entertainment are prohibited. Licensees will have to comply with mandatory licence conditions including the General Code of Practice. Entertainment At the discretion of the Commissioner, entertainment is permitted at small venues (other than prescribed entertainment), subject to specific licence conditions. The following entertainment is prohibited— • entertainment of a sexually explicit nature • entertainment involving fighting (e.g. wrestling, boxing or martial arts). If a venue wishes to offer entertainment outside of the standard hours of trade (11am to midnight) a separate entertainment consent is required. Hours of service Small venues are authorised to trade: • from 11am to midnight on any day (other than Christmas Day or Good Friday) • from midnight until 2am with an extended trading authorisation (other than Boxing Day or Easter Saturday) • from 8am to 11am with an extended trading authorisation (other than Good Friday or Christmas Day) Gaming Under a small venue licence, gaming is not permitted. Consumer and Business Services Applications An application for a small venue licence will be determined by the Commissioner (at his or her absolute discretion). Applicants for a small venue licence will need to meet the requirements for a ‘fit and proper person’ test and, where applicable, relevant Council development approvals and landlord’s consent. An annual fee will apply for a small venue licence. A small venue licence is currently restricted to Adelaide’s central business district. In the future it may be extended by Regulation to include other suburban or regional areas. All small venue licence applications will need to be advertised. Submissions There is a general right for residents and businesses to make written submissions to the Commissioner on a small venue licence application, that the Commissioner must have regard to when determining whether to grant a licence. There is no requirement for conciliation. Any person may lodge a submission with the Commissioner. The submission must be made on the prescribed form at least 7 days before the hearing day of the application. The Commissioner has the discretion to call for further submissions to be made in relation to a particular application. Intervention Only the Commissioner of Police has the right to intervene, which includes the right to present evidence to the Commissioner. Review The Commissioner of Police and the applicant only will retain the right to seek review of the Commissioner’s decision in the Licensing Court. The Commissioner of Police only has the right to seek review on ‘fit and proper person’ and ‘public interest’ grounds. More information Application and submission forms are available at www.cbs.sa.gov.au For assistance, contact Consumer and Business Services on 8226 8655 or by email at [email protected]. The publishers and authors of this material accept no responsibility whatsoever for any damage or loss suffered howsoever caused as a consequence of the reliance upon the statements or information contained in the materials. Small Venue Licence Fact Sheet - June 2013 Page 2 of 2 Small Venue Licence - Process Flow Via email at [email protected] In person at CBS Customer Service Centre, 91 Grenfell St, Adelaide Via post to CBS Customer Service Centre, 91 Grenfell St, Adelaide 7 days CBS will advise you of the date your application will be determined You will be required to advertise your application on your premises, in the newspaper, and advise adjacent premises The local council will also need to be notified 7 days You will be assigned a Case Manager for your application, who will contact you to advise if you are required to provide any outstanding documentation to support your application 28 days Any outstanding documents must be lodged at least 7 days prior to the determination date for your application Your application will be determined, and your licence will either be granted or refused NOTES: - You will be advised to submit any planning / building applications prior to lodging your liquor licence application - Your Case manager will advise on timing of lodgement of liquor licence application - If required, planning consent must be granted before the liquor licence hearing - If required, full development approval must be granted in order to operate the liquor licence - Applications may be delayed if all required documents are not received by CBS on time - Applications may be delayed if concerns are received by CBS from council, SAPOL or a member of the public about your application
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